These terms and conditions outline the rules and regulations for the use of DudeShopping.com. By accessing this website you accept these terms and conditions in full. Do not continue to use the web site DudeShopping.com if you do not accept all of the terms and conditions stated on this page or those contained in our Privacy Statement and Disclaimer Notice. DudeShopping, an assumed business name of Excellence Starts Here LLC requires that all visitors to this website adhere to the following terms and conditions of use.
The following terminology applies to these Terms and Conditions: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to Excellence Starts Here LLC, dba DudeShopping. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
INTELLECTUAL PROPERTY AND LIMITED USE
Unless otherwise stated, Excellence Starts Here LLC and/or its licensors own the intellectual property rights for all material on Excellence Starts Here LLC and all intellectual property rights are reserved. You may view and/or print pages from http://www.dudeshopping.com for your own personal use subject to restrictions set in these terms and conditions.
You must not, without our express written consent:
- Republish material from http://www.dudeshopping.com
- Sell, rent or sub-license material from http://www.dudeshopping.com
- Reproduce, duplicate or copy material from http://www.dudeshopping.com
- Redistribute content from Excellence Starts Here LLC (unless content is specifically made for redistribution).
USER COMMENTS AND SUBMISSIONS
Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the website. Excellence Starts Here LLC does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Excellence Starts Here LLC, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Excellence Starts Here LLC shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Excellence Starts Here LLC reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
- The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
- The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
- The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant to Excellence Starts Here LLC a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
HYPERLINKING TO OUR CONTENT
The following organizations may link to our website without prior written approval:
- Government agencies;
- Search engines;
- Legitimate news organizations;
- Online directory distributors when they list us in the directory may link to our website in the same manner as they hyperlink to the websites of other listed businesses;
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our website.
These organizations may link to our home page, to publications appearing on our website or to other website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend us against all claims arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Without prior approval and express written permission, you may not create frames around our webpages or use other techniques that alter in any way the visual presentation or appearance of our website.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. You agree to indemnify, hold harmless and defend us against all claims for injury or loss of any third person arising out of or based upon your reliance on or use of our website.
The service is provided “as is” without warranty of any kind. Without limiting the foregoing, the Company expressly disclaims all warranties, whether express, implied or statutory, regarding the service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement. Without limiting the foregoing, the Company makes no warranty or representation that access to or operation of the service will be uninterrupted or error free. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the service. Some jurisdictions limit or do not permit disclaimers of warranty, so this provision may not apply to you.
LIMITATION OF DAMAGES; RELEASE
To the extent permitted by applicable law, in no event shall the Company, its affiliates, directors or employees, or its licensors or partners, be liable to you for any loss of profits, use, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from (A) The use, disclosure, or display of your user content; (B) your use or inability to use the service; (C) the service generally or the software or systems that make the service available; or (D) any other interactions with the company or any other user of the service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not the Company has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions limit or do not permit disclaimers of liability, so this provision may not apply to you.
RESERVATION OF RIGHTS
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
REMOVAL OF LINKS FROM OUR WEBSITE
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
The Company respects the intellectual property rights of others and requests that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, the Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by following the procedures outlined in our Infringement Policy.
a. If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
b. You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.